[WSBAPT] Notice by Publication: Out-of-State Heirs with Unknown Addresses

[Eric Nelsen]

That's an interesting idea, but I am not sure there is any method of publication that will work for probate procedural purposes. Because the notice requirements are statutory in Title 11, an ordinary probate administration is not a "civil proceeding" that could invoke service of process statutes like RCW 4.28.110 (generally for civil actions) or RCW 7.90.052 (specific only to a proceedings under Ch. 7.90 RCW).

The general standard is that notice is provided by mail (or personal service), and must be provided to all heirs, etc., whose "names and addresses are known to him or her" per RCW 11.28.237. Case law says that phrase includes any heir whose name and address can be ascertained with "reasonable diligence," so if you know enough to say that they exist and live outside the State, then you already know too much to get away with not trying harder to figure out the proper address.

For me, it depends a bit on how much money is at stake, but "reasonable diligence" generally means (1) asking client and friendly heirs and relatives for names and addresses of the other heirs; (2) doing online free searches to try to find heirs whose names and approximately location are known; and (3) hiring a private investigator to get latest address for heirs whose names are known but can't be found on the free search.

If there are heirs known to exist but their names are uncertain, or other kinds of more difficult questions, "reasonable diligence" might also involve retaining an heir search company, but that cost is likely to run into several thousands. I did one recently that involved finding over 40 different cousins scattered across the country and the fees ran to about $9,000.

Sometimes clients balk at spending even a couple hundred dollars on locating an heir, especially if there's a Will that disinherits the missing heir. My standard advice is to tell them that providing proper notice protects their own inheritance, because it provides due process to everyone and virtually eliminates the missing heir's ability to raise any dispute later. If there is a genuine dispute or uncertainty, better to flush it out immediately then try to "get away" with insufficient notice to the parties who are affected.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jake Seegmuller
Sent: Wednesday, January 09, 2019 10:26 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Notice by Publication: Out-of-State Heirs with Unknown Addresses

Dear Learned Listmates:

We have a probate involving disparate family members without firm connections between them. Our clients do not know the exact addresses or contact information for several heirs outside the State and the relationship has been fraught for some time. In order to satisfy notice requirements, what is the best approach for providing notice to these distant relatives?

Would notice by publication for three consecutive weeks in the widely circulated county/regional paper be sufficient or is a more thorough search for contact information required? (I'm looking to RCW 7.90.052(3) for some guidance on just what constitutes sufficient publication for an individual).

Your insight is appreciated!


[https://drive.google.com/a/nwlegacylaw.com/uc?id=1AcGsMP0vZZrFGmDW7zBZZPBbEb2YTALx&export=download]

Jakob O. Seegmuller
Attorney
NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com<http://nwlegacylaw.com/>
[https://docs.google.com/uc?export=download&id=1g0sk6R6CwUiO3ldgcesjLRVGr08ZXRDA&revid=0B7QFhV8A7-WsN011RWxveDltaHRFS05uc3R2OHhVSnFzM0JVPQ]<http://www.facebook.com/NWlegacylaw>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190109/5d9de837/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3133 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190109/5d9de837/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 688 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190109/5d9de837/image002.png>